Research On Issue Of The Application Of The Crime Of Assaulting Police

Since the implementation of the amendment to the Criminal Law(XI),the crime of assaulting a police officer has become a separate crime,due to the complexity of the real situation and the multiplicity of understanding of the criminal law provisions,the application of the crime of assaulting a police officer has been unclear in the identification of violent assault,unclear determination of the object of protection,ambiguous understanding of the aggravating circumstances,and the crime and other crimes competing with each other when there are differences in the criteria for adjudication.In this paper,we clarify the application of the crime of assaulting a police officer by combining the doubts and difficulties in practice.The legislative purpose of the crime of assaulting a police officer is to better protect the personal rights of the people’s police.The legal interest of the crime of assaulting a police officer is defined as a compound legal interest,which is in line with the intent of the amendment to the Criminal Law and the basic meaning of the Criminal Law.The "violence" in the crime should be heavier than the violence in the crime of obstruction of official duties,and at least the real danger of causing minor injuries.From the point of view of interpretation,purpose and law enforcement effect,"assault" should be active,but not limited to sudden attack.The target of "assault" is limited to the person and the object of the situation but endangered the person,the object of the violent assault but not endangered people should be excluded.The scope of "people’s police" should be judged from the perspective of "law enforcement as a whole",and the auxiliary police should be included in the crime when they are engaged in authorized law enforcement activities under the management and supervision of the people’s police.The judgment of "in accordance with the law" in "performing duties in accordance with the law" should take into account both form and substance,and the interpretation of "in accordance with the law" should be appropriately expanded,and the preparatory acts before starting to perform duties The preparatory acts before the commission of the official act and the interval in the middle of handling several cases in succession can be considered as being in the execution of duties in accordance with the law.The three modes of conduct listed in the aggravating circumstances of the crime have the characteristics of high dangerousness,aggressiveness,and high lethality in a short period of time.The interpretation of "such means" must be reasonably limited by applying the rule of like interpretation,and only those means of conduct with the same characteristics as the three listed special means can be subject to the aggravated statutory penalty of the crime."This restriction protects the "personal safety" of the"people’s police" and requires This restriction protects the "personal safety" of the"people’s police" and requires the degree of "serious endangerment",but is not necessary to produce serious actual harm results.In the process of committing the crime of assaulting a police officer,the elements of other crimes may be met at the same time,which should be punished as a felony in accordance with the degree of violence committed by the perpetrator and the subjective psychological attitude at the time of the act.